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Victoria SMIRNOVA,

Judge of the Court of Appeal of Donetsk region, Candidate of Law

THE GROUNDS OF JUDICIAL REVIEW BY THE COURT OF APPEAL

The article deals with the grounds of decision-making for judicial review, including such grounds as the factual and the legal.

In the context of appellate procedure of complaint against the decision of taking a person into a custody or refusal to do so, the criminal, criminal-procedural and factual grounds to choose keeping in custody as a measure of restraint was analized. The paper studies that if there are no such grounds and the investigating judge chooses a measure of restraint, his decision will be admitted by the Court of Appeal as unlawful.

Key words: court of appeal, the judgment, petition for appeal, grounds of judicial review.

References

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